November 1, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform 

Act") and 14 C.F.R. Part 11, Renee Gorrell, Vice President of CSE Software Inc., the operator 

of small Unmanned Aircraft Systems ("sUAS"), seeks an exemption from the Federal Aviation 

Regulations ("FARs") listed and discussed below. 

The requested exemption would permit commercial operation of CSE Software Inc.’s sUAS's, 

which weigh approximately 5lbs. and performs aerial surveys and videography that consists 

of still photographs and videography taken by on board cameras. The sUAS's takes a series of 

high quality, still digital images and video that are used to promote technology services in 

Peoria, IL. Use of the sUAS for aerial inspections and surveys reduce the need to utilize 

conventional manned aircraft, manned lifting devices or manned climbing for the same 

purpose and provides very high quality imagery at a fraction of the cost. These savings result 

in enhanced safety, efficiency and productivity for the affected activities, as well as 

environmental benefits.

Operations under the exemption will be subject to strict operating requirements and 

conditions to ensure at least an equivalent level of safety to currently authorized operations 

using manned aircraft and under conditions as may be modified by the FAA as required by 

Section 333.

As described more fully below, the requested exemption would authorize commercial

operations of aerial photos and inspections or surveys using the sUAS's, which weigh less 

than 5lbs. and are small in size. (See Appendix A O&M manual for the DJI Phantom 3 

Professional). The sUAS's will be operated under controlled conditions at low altitude in 

airspace that is limited in scope, as described more fully herein; it will have automated 

control features as described below and in the O&M manuals. The sUA’S also will be 

operated by an individual who has FAA Rotorcraft Private Pilot License and has a current 

medical certification. Finally, the airspace in which the sUA’S will operate will be Class G 

airspace or airspace approved by the FAA in advance.
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CSE Software Inc. respectfully submits that because these small, unmanned aerial

vehicles will be used in lieu of comparatively hazardous operations now conducted with fixed

wing and rotary conventional aircraft or other manned means of inspections, the FAA can 

have confidence that the operations will achieve at least the equivalent level or greater level 

of safety. Approval of the exemptions would thereby enhance safety and fulfill the Secretary 

of Transportation's (the FAA Administrator's) responsibilities under Section 333(c) of the 

Reform Act to "establish requirements for the safe operation of such aircraft systems in the 

national airspace system."

The name and address of the applicant are:

CSE Software Inc.

Attn: Renee Gorrell

Ph: 309-670-7595

Fax: 309-263-0127

Email: rgorrell@csesoftware.com

Address: 316 SW Washington St. Suite 300, Peoria IL 61602

The regulations from which the exemption is requested are as follows:

14 C.F.R. Part 21;

14 C.F.R. 45.23(b);

14 C.F.R. 61.113(a) & (b);

14 C.F.R. 61.133 (a);

14 C.F.R. 91.7(b);

14 C.F.R. 91.9(b)(2);

14C.F.R. 91.109(a);

14 C.F.R. 91.119;

14 C.F.R. 91.121;

14 C.F.R. 91.151(a);

14 C.F.R. 91.203(a) & (b);

14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1);

14 C.F.R. 91.409(a)(2};

14 C.F.R. 91.417(a) & (b).

The Applicable Legal Standard under Section 333

CSE Software Inc. submits that grant of this exemption application for use of the

proposed UAS's in precision aerial inspections will advance the Congressional mandate in

Section 333 of the Reform Act to accelerate the introduction of UASs into the national 

airspace system ("NAS") if it can be accomplished safely. This law directs the Secretary of

Transportation to consider whether certain UASs may operate safely in the NAS before

completion of the rulemaking required under the Section 332 of the Reform Act. In making 

this determination, the Secretary is required to determine which types of UASs do not create 

a hazard to users of the NAS or the public or pose a threat to national security in the light of 

the following:
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• The UAS's size, weight, speed and operational capability;

• Operation of the sUAS in closed proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act §333{a)(1). If the Secretary determines that such vehicles "may operate safely in

the national airspace system, the Secretary shall establish requirement for the safe operation 

of such aircraft in the national airspace system." ld. §333(c) (emphasis added). 1

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined 

under §40101 of the Act, from the requirement that all civil aircraft must have a current 

airworthiness certificate and those regulations requiring commercial pilots to operate aircraft 

in commercial service:

The Administrator may grant an exemption from a requirement of a regulation

prescribed under subsection (a) or (b) of this section or any of the sections 44702-

44716 of this title if the Administrator finds the exemption is in the public interest.

The grant of the requested exemption is in the public interest based on the clear direction in

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as

amended; the strong equivalent level of safety surrounding the proposed operations; and the

significant public benefit, including enhanced safety and cost savings associated with

transitioning to UASs for aerial inspections and survey photography. Accordingly, the 

applicant respectfully requests that the FAA grant the requested exemption without delay.

Airworthiness of the sUAS

A critical element of the exemption application involves evidence of the airworthiness oft he

sUAS. The Federal Aviation Act (49 U.S. C. §44701 (f) and Section 333 of the Reform Act both

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate,

upon consideration of the size, weight, speed, operational capability, and proximity to 

airports and populated areas of the particular sUAS. Our small UAS's will operate at low 

speed in a controlled environment, at least five miles from an airport or densely populated 

area. An analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed 

will be a least as safe, or safer, than a conventional aircraft (fixed wing or helicopter) 

operating with an airworthiness certificate without the restrictions and conditions proposed.

 

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Applicant submits that this provision places a duty on the Administrator to not only process

applications for exemptions under Section 333, but for the Administrator, if he deems the

conditions proposed herein require modification in order to allow approval, to supply

conditions for the safe operation of UAS. Todd Thomas dba Drone Pies welcomes the

opportunity to consult with FAA staff in order to address any issues or concerns that this

proposal may raise that they believe may require modification.

49 U.S.C. §44701(f). See also 49 U.S.C. §44711 (a); 49 U.S.C. §44704; 14 C.F.R. §91.203(a)(1).
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Mandatory Operating Conditions (see Appendix A-E)

Grant of the exemption to CSE Software Inc. will be subject to the following

mandatory conditions, which are based upon operating conditions set forth for operation of 

sUAS by public entities pursuant to Certificates of Authorization, with additional restrictions:

• All operations to occur in Class G airspace.

• Operations to avoid congested or populated areas, which are depicted in yellow on VFR

charts.

• Operations to be conducted over private or controlled-access property.

• Permission from land owner/controller required before commencing flight.

• Operations to occur during Visual Flight Rules Meteorological Conditions (VMC).

• Aircraft to remain within Visual Line of Sight (VLOS).

• Operations to occur during daylight hours.

• Above Ground Level (AGL) altitude to be restricted to 400 feet.

• All operations conducted in vicinity of airport to remain more than 2.5 NM from

centerline of runway centerline measured from runway thresholds

• All required permissions and permits will be obtained from territorial, state, county or

city jurisdictions, including local law enforcement, fire, or other appropriate

governmental agencies.

Operator Requirements

CSE Software Inc. respectfully purposes that operator requirements should take into account 

the characteristics of the particular UAS. Certain UASs, such as the DJI Phantom 3 

Professional are characterized by a high degree of control and various built-in technical 

capabilities that limit the potential for operation outside of the operating conditions set forth 

above. Please see further details in the attached Appendix A, O&M manuals.

Additional automated safety functions and safety enhancing features of the sUAS's include 

the following:

• Auto-pilot detection of lost GPS or of insufficient satellites initiates an immediate return

to aircraft take-off location ("home").

• Low power on the aircraft triggers escalating alarms at GCS.

• If the auto-pilot detects a lost-link to the GCS, landing procedure begins.

Given these safety features, CSE Software Inc. proposes that operators of the sUAS should 

not be required to hold a commercial pilot certification. Instead, operators should be 

required to:

• Hold a private pilot license and have a current medical certification.

• Have completed the manufacturer's training or a minimum of 10 hours training program

for operation of the sUAS's.

CSE Software Inc. notes that the FAA has found that safety factors permitted

operation of sUASs by operators with these qualifications in the case of operations pursuant 

to public COAs when the mandatory operating conditions specified above were present. See
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Federal Aviation Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS)

Operational Approval, at 20-21 (July 30, 2013). The FAA has the statutory authority to grant

exemptions to the requirements for and privileges associated with the grant of airmen's

certificates. 49 USC §44701 (f).

In summary, applicant seeks an exemption from the FARs set forth above to allow 

commercial operations of a sUAS's conducting precision aerial inspections or survey work. 

Approval of the exemption allowing commercial operations of the sUAS for precision

Inspection and survey work will enhance safety by reducing risk. The sUAS will carry no

passengers or crew and, therefore; will not expose any individuals to the risks associated 

with manned aircraft flights, manned lifts or climbing hazards. Additionally, no national 

security issue is raised by the grant of the requested exemptions. Given the size, load 

carrying capacity, speed at which it operates, and the fact that it carries no explosives or 

other dangerous materials, the sUAS poses no threat to national security.

The sUAS's satisfaction of the criteria set forth in Section 333 of the Reform Act-size, weight,

speed, operating capabilities, lack of proximity to airports and populated areas, operation

within visual line of sight, and national security-and its showing of an equivalent level of 

safety as it may relate to the requirement for FAA training, provide more than adequate 

justification for the grant of the requested exemptions allowing commercial operation of the 

sUAS in the commercial aerial inspection and survey business.

Sincerely, 

Renee M. Gorrell

Vice President

CSE Software Inc. 

Enclosures:

Appendix A: Phantom 3 Professional Operation and Maintenance User Manual

Appendix B: Phantom 3 Safety Guidelines Disclaimer

Appendix C: Phantom 3 Intelligent Flight Battery Safety Guidelines

Appendix D: Phantom 3 Quick Start Guide

Appendix E: Phantom 3 In the Box